Judge Beryl Howell, appointed to the U.S. District Court for the District of Columbia by Obama in 2010, agreed with Denise Gilman, a clinical professor at the of Texas-Austin. Gilman, who is researching the “human rights impact” of border enforcement, sued in federal court to force the Department of Homeland Security to reveal through a FOIA request the names of property owners along the border to determine if fence construction will be disadvantageous to “minority property owners,” Judicial Watch reported last week.

Fence construction “along specific portions of the U.S.-Mexico border, including areas in Texas” is mandated by the Secure Fence Act, enacted in 2006. The act permits the Department of Homeland Security to determine “where fencing would be most practical and effective” and requires the agency to consult with “states, local governments, Indian tribes, and property owners. . . to minimize the impact” on those living near the fence.